Judicial Cognizance Of The Special Act Of Stealing

As a kind of common and frequently used crime, theft is a concern of criminal law circle and judicial practice. "Criminal law amendment(eight)" increases the burglary, carrying weapon theft and pick-pocketing behavior type. In 2013, the Supreme People’s court and the Supreme People’s procuratorate jointly issued a new judicial interpretation of the original judicial interpretation to make a substantial adjustment, reflecting and implementing the spirit of the criminal policy of tempering justice with mercy, and to identify the crime of theft and the amount of the crime, in order to meet the needs of legislative changes and judicial practice. In the specific application of the new judicial interpretation, because of the expansion of the scope of the crime of theft, no standard in criminal law, and the mode of theft more and more complex etc, so the standards and rules of the special acts of theft are always plagued by judicial personnel. Based on the current situation of our country’s crime of theft and combining domestic and foreign related theories and practices,the paper adopts the method of normative interpretation and case analysis to study and solve the problem of special behavior, such as the basis, the connotation of special theft, the identification method of the property, and by thinking the standard of the entry into the criminal standard of the special act of theft to improve the legislation of the crime of theft and seek a more operational way of the judicial practice.